Terms of Use

Family Pet Project, LLC

User’s Acknowledgment and Acceptance of Terms

Family Pet Project, LLC (referred to as “us” or “we”) provides the www.FamilyPetProject.com website and various related services (together referred to as the “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on the site, users shall be subject to any posted policies, guidelines, or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such policies, guidelines, or rules, including but not limited to the Privacy Policy and Terms of Sale are hereby incorporated by reference into these Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners and any subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the site and/or its contents.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MUST EXIT THE SITE NOW.

YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY PRODUCTS, SERVICES, MATERIALS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.

We reserve the right to change these Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review the site and these Terms of Use periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

Description of Services

We make various services available on the site including, but not limited to, communications between prospective sellers and buyers, and matching adoptive pet families. Fees for the various services may be described elsewhere in the site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem, and your own Internet access (including payment of fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any features therein, at any time without notice. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on the site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through the site may occur.

You further understand and agree that we have no control over third party networks you may access, and therefore, delays and disruption of other networks are completely beyond our control.

You understand and agree that the services available on the site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Registration Data and Privacy

In order to access some of the services on the site, you must register by providing all information and data (“Registration Data”) requested by us, and maintaining and updating your Registration Data as required. By registering, you represent and warrant that all information provided in the Registration Data is true and accurate and that you will maintain and continually update this and all other information requested by us in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of the site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Payment of Fees

You agree to pay all fees and charges associated with anyservice or portion of the site used or accessed by you.

We will bill you or charge your credit card for all fees and charges. You agree to provide us with true, accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 30 days of the change.

If, for any reason, your credit card company refuses to pay the amount billed for services, you agreement that we may, at our option, suspend or terminate your access to the site, and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other expenses.

Conduct on Site

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the content of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup or other interactive service that may be available to you on or through the site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data, or other information—that:

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups or other interactive services that may be available on or through the site.

However, we have the right at our sole discretion to remove any content that, in our sole judgment, does not comply with these Terms of Use and any other policies, guidelines, or rules, or is otherwise harmful, objectionable, or inaccurate.

We are not responsible for any failure or delay in removing any content. You hereby consent to removal and waive any claim against us arising out of or related to removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may, at any time and at our sole discretion, terminate your use of or access to the site without prior notice to you. In addition, you acknowledge that we will cooperate fully with all legal process and law enforcement authorities, including but not limited to civil process, criminal investigations, and investigations of violations of systems or network security at other sites.

Third Party Sites and Information

The site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Intellectual Property Information

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the site. This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content on the site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Family Pet Project, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider.

Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the site. Any unauthorized use of the materials appearing on the site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor any Affiliates warrant or represent that use of materials displayed on, or obtained through, the site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the site infringes on any patent, trademark, trade secret, service mark, logo, copyright, right of publicity, or other proprietary right of any party.

All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any patent, trademark, trade secret, service mark, logo, copyright, and/or the name of Family Pet Project, LLC or its Affiliates, or any other proprietary right of any party.

User’s Materials

Subject to our Privacy Policy, any communication or material that you transmit to the site or to us, whether by electronic or other means, for any reason, will be treated as nonconfidential and nonproprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of the site believes its copyright, trademark or other property rights have been infringed by a posting on the site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed;

Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT ANY SITE, PRODUCTS, SERVICES,MATERIALS, OR INFORMATION OBTAINED BY YOU FROM US OR ANY AFFILIATE, OR THROUGH THE SITE: (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE AND ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THEM. THE USE OF THE SITE, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

Through your use of the site, you may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services offered by any party are governed by the Terms of Sale that are incorporated by reference into these Terms of Use. Before purchasing products and services on or through the site, review those Terms of Sale. Any other terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms are agreed to solely between the seller or purchaser of such merchandise and services and you, and not us or any of our Affiliates.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us or any of our Affiliates. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Family Pet Project, LLC, spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

In addition, the materials on this site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms”). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice. Under no circumstances will we or our Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any advice or information obtained on or through this site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for transactions compliant with these Terms of Use completed through the site.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

Messaging Service

We may make messaging services available to users of our site, either directly or through a third-party provider. We reserve the right to inspect or disclose the contents of any messages without the consent of the sender or the recipient, except where prohibited by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to prohibit messages violating these Terms of Use or other policies, guidelines, or rules, including but not limited to prohibited price negotiations or exchange of contact information between users.

We may also employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Use of Site and Storage of Material

You acknowledge that we may establish policies, guidelines, rules, general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the site. You acknowledge that we reserve the right to log off or terminate accounts at any time. You further acknowledge that we reserve the right to change these policies, guidelines, rules, general practices and limits at any time, in our sole discretion, without notice.

We provide storage space and access for material through our site. For purposes of these Terms of Use, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos, etc.), executable programs, video recordings, and audio recordings. You may not use this site to publish material that we determine, in our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Conduct on Site” above. The accounts of our users operate on shared resources. Excessive use or abuse of resources by one user may have a negative impact on all other users. Any use of resources that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us liable for any damage to, any deletion of or any failure to store your files, data or Registration Data.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account, and for any and all statements made and acts or omissions that occur through the use of your password and account, including any messages sent and or any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

International Use

Although the site may be accessible worldwide, we make no representation that materials on the site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the site is void where prohibited.

Software available on or through the site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site without notice and for any reason, including, without limitation, breach of these Terms of Use or other policies, guidelines, or rules. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 4–11, 14, and 17–19 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

Governing Law and Jurisdiction

Regardless of your location when you access the site or at any other time, you agree that the statutes and laws of the State of Nebraska, without regard to conflicts of laws principles, and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. You agree and hereby submit to the exclusive personal jurisdiction and venue in the state and federal courts located in Lancaster County, Nebraska with respect to any dispute with us or related to the site or any products, services, materials, or information obtained by you from us or any Affiliate, or through the site.

Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at customerservice@familypetproject.com. Notices to you may be sent either to any email address supplied for your account or to any address supplied by you as part of your Registration Data. In addition, we may post or broadcast notices or messages on or through the site to inform you of changes to the site or other matters of importance, and such posts or broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication

on the delivery date if delivered personally to the party or transmitted by confirmed facsimile or email;

two business days after deposit with a commercial overnight carrier, with written verification of receipt; or

five business days after the mailing date, if sent by US mail, return receipt requested.

Miscellaneous

These Terms of Use (along with the Privacy Policy and Terms of Sale and any other policies, guidelines, or rules instituted by us)constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees.

You may not assign your rights and obligations under these Terms of Use, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the site, or use of or access to the site.

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those enumerated herein.